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Patna High Court

Vijay Kumar JaiswalversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court directed the petitioner to file a representation before the competent authority and disposed of the writ petition.

Summary

Vijay Kumar Jaiswal filed a writ petition in the Patna High Court seeking grant of MACP (Additional Compensatory Pension) and payment of arrears of salary and pension with penal interest. He claimed that the authorities had decided to grant MACP but had not yet made the payment. The State argued that the petitioner should first file a representation before the competent authority, attaching the relevant notification, to seek redress. The Court directed the petitioner to file such a representation before the Principal Secretary, Panchayati Raj Department, within 30 days, and ordered the authority to decide the matter and issue a reasoned order within 90 days. Consequently, the writ petition was disposed of.

Issues considered

  • What relief, if any, can be granted by the High Court when the petitioner claims entitlement to MACP arrears but the payment has not been made?

Subjects

  • writ petition
  • MACP
  • arrears of salary
  • pension
  • representation
  • Bihar
  • Patna High Court
  • civil writ jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.7739 of 2025
                 ======================================================
                 Vijay Kumar Jaiswal Son of Late Chhathu Prasad Jaiswal Resident of Village-
                 Parbatta, P.O.-Saha Parbatta, P.S.-Ismilpur, District-Bhagalpur.

                                                                          ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through Principal Secretary, Panchayat Raj Department
                 Government of Bihar, Patna.
           2.    The Principal Secretary, Panchayat Raj Department Government of Bihar,
                 Patna.
           3.    The Director, Panchayat Raj Department Government of Bihar, Patna.
           4.    The District Magistrate, Bhagalpur, District-Bhagalpur.
           5.    The District Panchayat Raj Officer, Bhagalpur, District-Bhagalpur.
           6.    The Block Development Officer, Naugachia District-Bhagalpur.
           7.    The Block Panchayat Raj Officer, Block Naugachai District-Bhagalpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Dhananjay Kumar Gupta, Advocate
                 For the Respondent/s   :      Mr.Government Pleader (23)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   06-04-2026                Heard learned counsel appearing for the petitioner and

                   learned counsel appearing for the State.

                              2. The present writ petition has been filed for grant of

                   ACP/MACP and for payment of arrears thereof on salary and

                   pension along with penal interest.

                              3. Learned counsel for the petitioner submits that

                   during the pendency of the present writ petition, the respondent

                   authorities have taken a decision to grant MACP to the

                   petitioner; however, the actual payment has not yet been made

                   and the same remains pending till date.
            Patna High Court CWJC No.7739 of 2025(2) dt.06-04-2026
                                                        2/2




                                  4. Learned counsel for the State submits that the

                      petitioner may be directed to file a representation before the

                      competent authority, annexing the relevant letter/notification on

                      the basis of which he is claiming arrears of MACP, for redressal

                      of his grievance.

                                  5. In view of the aforesaid, the petitioner is directed to

                      file a representation, along with the letter/notification by which

                      he has been granted benefit of MACP and a copy of this order,

                      before respondent no. 2, namely, the Principal Secretary,

                      Panchayati Raj Department, Government of Bihar, Patna, within

                      a period of 30 days from today. Upon receipt of the said

                      representation, respondent no. 2 shall consider and dispose of

                      the same by passing a reasoned and speaking order within a

                      period of 90 days from the date of its filing.

                                  6. With the aforesaid observation and direction, the

                      writ petition stands disposed off.



                                                 (Dr. Anshuman, J)
Ashwini/-

U


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